Wentz v. Thomas

The. preliminary questions are whether the trial court, possessed of the dual powers of a court of equity and a court of law by the Code, was vested with jurisdiction to settle the whole controversy presented to it under the pleadings, whether it was the duty of the trial court to settle the whole controversy in one decree, and whether defendant in error’s motion to dismiss the cause on appeal should have been sustained.

Lew H. Wentz, the defendant below, became a member of the ¡State Highway Commission ¡by appointment of the then Governor, “by and with the advice and consent of the Senate,”…